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2009/05/19ANAHEIM CITY COUNCIL REGULAR MEETING OF MAY 19, 2009 The regular meeting of May 19, 2009 was called to order at 3:00 P.M. and adjourned to 5:00 P.M. for lack of a quorum. Mayor Curt Pringle called the adjourned regular meeting of May 19, 2009 to order at 5:08 P.M. in the Chambers of Anaheim City Hall located at 200 South Anaheim Boulevard. A copy of the agenda was posted on May 15, 2009 on the kiosk outside City Hall. PRESENT: Mayor Curt Pringle and Council Members: Lorri Galloway, Bob Hernandez, Lucille Kring and Harry Sidhu. STAFF PRESENT: City Manager Dave Morgan, City Attorney Cristina Talley, and Deputy City Clerk Theresa Bass. INVOCATION: Pastor Ric Olsen, The Beacon FLAG SALUTE: Council Member Harry Sidhu PRESENTATIONS: Recognizing the 2009 Mayor's TechScholar Award Recipients Mayor Pringle explained the TechScholar award program was been created four years ago to recognize Anaheim high school sophomores and juniors in a competitive academic process to encourage advancement in higher education. This year, he announced, 41 scholars had been recognized and awarded laptop computers with two years of Internet connectivity, all donated through contributions from generous corporate sponsors. He introduced the 41 honored recipients Recognizing Ms. Wheelchair California 2009 and the First Runner-Up Ruthee Goldkorn, Executive Director, announced this 35-year old pageant was an advocacy program for the benefit of women with disabilities with a legislative as well as a community service agenda and introduced Alyson Roth, Ms. Wheelchair California 2009 and Jennifer Kumiyama, First Runner-Up. Recognizing the winners of the AC-NET Clean Tech Business Plan Competition: Hadronex Inc., Enovative Group Inc. and Ecogate Inc. Mayor Pringle remarked the Anaheim Center for New Energy Technology (ACNET) had been established 18 months ago through a cooperative effort with CalState Fullerton technology students and Anaheim Public Utilities' testing facilities, to encourage local and regional economy by supporting the efforts of entrepreneurs, start-ups and ventures in bringing clean energy and water technologies to the market. Tim DeMarco, VP of Sales and Marketing, explained Hadronex, Inc. had received the 1St place award through a smart cover system to manage and monitor sewer systems to insure against sewage spills. Gabe Ayala, VP, announced Enovative Group, Inc. had received 2nd City Council Minutes of May 19, 2009 Page 2 of 10 place for a smart pump for domestic water heating systems in commercial and multi-family buildings to save water and save energy. This system, he added, replaced pumps which operated on a 24/7 basis with an automatic shutoff when there were no users of hot water. Ralph Futch, VP, stated Ecogate, Inc. had received 3`d place for development of an industrial ventilation exhaust system regulated by gates, sensors, computers and controlled variable speed drives to reduce energy consumption by 70 percent. Mayor Pringle remarked that in Anaheim, using this exhaust system, over 1 million kilowatt hours of energy had been saved and these cash awards would encourage continued growth in these areas. Presenting the Siemens Sustainable Community Award On behalf of the City, Council Member Hernandez accepted the Siemens Sustainable Community award from the U.S. Chamber of Commerce and Siemens Corporation, on May 4th and introduced Sven Hackman of Siemens, Inc. Mr. Hackman remarked Anaheim had been recognized for its commitment to sustainability on all levels and that its accomplishments for amid-size community were unmatched. He indicated a quarter of Siemens revenue came from products and services that were sustainability related and the company welcomed partnering with entrepreneurial schools, and communities that had that same commitment. ACCEPTANCE OF OTHER RECOGNITIONS (TO BE PRESENTED AT A LATER DATE): Recognizing the American Lung Association on their 100th Anniversary Recognizing Frances Carrillo on receiving the Casa Teresa 2009 Mother of the Year Award ADDITIONS/DELETIONS TO THE AGENDA: Staff requested Item No. 24 be continued to June 23, 2009. PUBLIC COMMENTS (ALL AGENDA ITEMS EXCEPT PUBLIC HEARING): Orange- County Supervisor Chris Norby, announced that most of the County parks were located in south Orange County and for that reason, funds had been set aside a number of years ago during good economic times to grant monies to those cities in north Orange County for park improvements. Anaheim's share of those funds was approximately $500,000 earmarked for Heritage Park improvements. He added because of the current economic climate, some of the Supervisors had already expended those assets and this action, approved by the Board of Supervisors on a 3/2 vote, would most likely be the last of Fund 130 monies to be offered and he was grateful to have been able to provide it to the City. Laurie Solberg, Anaheim Memorial Day Ceremonial committee, announced the special events to take place on June 14th Flag Day at the downtown promenade. A parent representing the "Save Anaheim Youth Sports Program" effort expressed concern over cuts proposed for the program and asked Council to consider other options such as increasing program fees in order to retain coaching staff. Her eight year old son commented he participated in soccer, baseball and basketball and hoped the program would continue. City Council Minutes of May 19, 2009 Page 3 of 10 Dr. Wayne Palmer, resident, expressed concern that Item No. 22 would not be approved and that the blight created by on-street, for-sale vehicles would continue. Douglas Metcalf, resident, stated he was planting his front yard with sustainable plants using a drip irrigation system and was having a problem with the Code Enforcement Division over the time frame for completion of his project. Mayor Pringle requested Mr. Metcalf discuss his concerns with the Planning Director, Sheri Vander Dussen who would then update Council on his specific issue. Janine Falcon, resident, spoke in support of the Anaheim Youth Sports program indicating there was a consistency and reliability with paid coaches versus volunteer parents and she supported the program continuing as is. Mayor Pringle remarked that no program cuts, of any kind, had yet been discussed. Each department, he added, had been requested to manage its budget keeping in mind the current economic constraints and such proposals would be discussed during the June budget hearings and that the community could speak to those issues during the hearings. He explained Anaheim was the only city in Orange County with City-paid coaches as opposed to volunteers. He stated he was also an advocate for parks and recreation programs paying for themselves as a reasonable alternative to eliminating programs. Sarah Candella, resident, stated parents were concerned due to a statement in the Parks and Recreation catalog indicating the Anaheim Youth Sports program would be on a volunteer basis and if there were not enough participants, there would not be a program. Mayor Pringle remarked he would encourage future catalogs be available on the City's website, rather than to be printed before the budget was adopted, which would allow for more up-to-date information for parents. Albert Rodriguez, resident, also spoke in continuing the Youth Sports Program and commenting on the need for more parks in the City. K. Guadalupe, resident, expressed concern over increased electric and water bills. Don Calkins, Public Utilities AGM, Water Services, would review this resident's concerns to ensure charges were correct. Matthew McPherson, resident, advocated for Anaheim Youth Sports Program, stating he believed the summer program made a quality of life difference for children involved. David Watkins, resident, supported the Sports Program, and the value his son had received participating in the program for the last four years. Steve Sheldon, speaking to Item 13, remarked the applicant for proposed Variance Number 20089-04759 had one remaining concern and requested Condition No. 4.1 be deleted. He added the Public Works Department was amenable to this request. CONSENT CALENDAR: Mayor Pringle pulled Item No. 13, 22 and 23 for further discussion, and Council Member Hernandez removed Item No. 17. Council Member Sidhu waived reading in full of all ordinances and resolutions on the balance of the consent calendar and moved to adopt the consent calendar in accordance with the reports, certifications and recommendations furnished each council member and as listed on the Consent Calendar, City Council Minutes of May 19, 2009 Page 4 of 10 seconded by Council Member Kring. Roll Call Vote: Ayes - 5: Chairman Pringle and Council Members: Galloway, Hernandez, Kring and Sidhu. Noes - 0. Motion Carried. 1. Receive and file minutes of the Public Library Board meetings of March 9, 2009 and B105 April 13, 2009; Community Services Board meeting of March 12, 2009; Senior Citizens Commission meeting of March 12, 2009; Housing and Community Development Commission meeting of March 18, 2009; Public Utilities Board meeting of March 18, 2009; Cultural and Heritage Commission meeting of March 19, 2009; and Parks and Recreation Commission meeting of March 25, 2009. 2. Review the need for continuing the local emergency heretofore proclaimed by the D175 Director of Emergency Services as ratified by previous action of the City Council concerning land movement and property damage in the vicinity of 357, 365 and 373 Ramsgate Drive and the Hidden Grove Lane/Fox Glen Drive area in the City of Anaheim, and, by motion, determine that the need for continuing the local emergency exists. 3. Approve the naming of BRE Properties' Stadium Park residential development park D150 dedication site as Magnolia Park. 4. Accept the low bid from A Lighting by Design, Inc., in an amount not to exceed D180 $165,487, for electrical services for the Anaheim Resort area for a two year period with three one-year optional renewals and authorize the Purchasing Agent to exercise the renewal options, in accordance with Bid #7259. 5. Accept the low bid from Sigmanet, in an amount not to exceed $145,387.20 (plus D180 sales tax), for ethernet devices for the Public Works Department, Traffic Systems Services Division, for a one year period with four one-year optional renewals, and authorize the Purchasing Agent to exercise the renewal options, in accordance with Bid #7263. 6. Accept the lowest responsive and responsible bid, and approve an agreement with 4443.A Mariposa Horticultural Enterprises, Inc., in an amount not to exceed $380,269, for landscape maintenance services of the rights-of-way, parkways, and medians in the western part of the City for a one year period with four one-year optional renewals and authorize the Purchasing Agent to exercise the renewal options, in accordance with Bid #7239. 7. Award the contract to the lowest responsible bidder, Pouk & Steinle, Inc., in the 5779 amount of $650,000, for the steel casing installation across the I-5 freeway project and authorize the Finance Director to execute the Escrow Agreement pertaining to contract retentions. 8. Approve a Memorandum of Understanding with Anaheim Union High School District 5697 to realign the 10th tee box at Dad Miller Golf Course. 9. Approve the funding agreement with the County of Orange, in the amount of 5698 $558,491, for the development of Heritage Park and amend the Community Services Department's fiscal year 2008/2009 budget accordingly. City Council Minutes of May 19, 2009 Page 5 of 10 10. Approve the First Amendment to Agreement with Republic ITS extending the term of 5186.1 the traffic signal maintenance services agreement from June 1, 2009 through May 31, 2010. 11. Approve the Second Amendment to Agreement with The Chance Theater, Inc. for a 3502.B.2 fee waiver to utilize the Twila Reid Recreation Center for rehearsals. 12. Approve and authorize the Public Utilities General Manager to execute a Direct 1865.2 Payment Agreement with the State of California, Department of Community Services and Development to directly receive federally funded Low-Income Home Energy Assistance Program grants for the benefit of Anaheim Public Utilities Department customers from July 1, 2009 through June 30, 2012. 14. Certify that the amendments to Rules No. 13, 16, and 24 of the Electric Rates, Rules D182 and Regulations and Rules No. 13 and 16 of the Water Rates, Rules and Regulations are statutorily exempt under the California Environmental Quality Act, Public Resources Code, Section 21080(b)(8), in accordance with Title 14 of the California Administrative Code, Section 15273(a). RESOLUTION NO. 2009-077 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM amending rates, rules and regulations for the sale and distribution of electricity as originally adopted by Resolution No. 71 R-478 and most recently amended by Resolution No. 2009-001. RESOLUTION NO. 2009-078 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM amending rates, rules and regulations for the sale and distribution of water as originally adopted by Resolution No. 72-600 and most recently amended by Resolution No. 2008-023. 15. RESOLUTION NO. 2009-079 A RESOLUTION OF THE CITY COUNCIL OF THE T106 CITY OF ANAHEIM initiating proceedings for the annual levy of assessments in, and accepting an assessment engineer's report for, Anaheim Resort Maintenance District. RESOLUTION NO. 2009-080 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM declaring its intention to provide for an annual levy and collection of assessments in the Anaheim Resort Maintenance District, and setting a time and place for public hearing thereon (Public hearing scheduled for June 9, 2009). 16. RESOLUTION NO. 2009-081 A RESOLUTION OF THE CITY OF COUNCIL OF D175 THE CITY OF ANAHEIM requesting temporary closures to Caltrans I-5 Offramps for Disneyland Half Marathon (September 6, 2009; southbound I-5 at Harbor Boulevard and Disney Way; northbound I-5 at Katella Avenue; and north and southbound I-5 at Gene Autry Way). 18. RESOLUTION NO. 2009-083 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving the conveyance by grant deed of the City's right, P124 title and interest in a portion of West Water Street and South West Street (City Deed No. 11287). City Council Minutes of May 19, 2009 Page 6 of 10 19. RESOLUTION NO. 2009-084 A RESOLUTION OF THE CITY OF COUNCIL OF D160 THE CITY OF ANAHEIM authorizing the Chief of Police or his designee to submit a grant application on behalf of the City of Anaheim to the U.S. Department of Justice, Bureau of Justice Assistance, to participate in the FY 2009-10 State Criminal Alien Assistance Program (SCRAP), authorizing the Chief to execute all required grant documents, and if awarded, authorizing the acceptance of such grant on behalf of the City and amending the budget for fiscal year 2009-10 accordingly. 20. RESOLUTION NO. 2009-085 A RESOLUTION OF THE CITY COUNCIL OF D129 THE CITY OF ANAHEIM authorizing the Fire Chief or his designee to submit a grant application on behalf of the City of Anaheim to the Office of Domestic Preparedness of the Department of Homeland Security for the fiscal year 2009/2010 Assistance to Firefighters Grant Program (AFGP) and if awarded, authorizing the acceptance of such grant on behalf of the City and amending the budget for fiscal year 2009/2010 accordingly. Authorize an increase in fiscal year 2009/2010 revenue and expenditure appropriations by $1,100,000 and authorize the Finance Director to carry forward into future fiscal years any unexpended appropriation related hereto. 21. ORDINANCE NO. 6143 (ADOPTION) AN ORDINANCE OF THE CITY OF C280 ANAHEIM amending Subsections .030 and .060 of Section 18.38.095 of Chapter 18.38 of Title 18 of the Anaheim Municipal Code relating to circus and carnival permits (Zoning Code Amendment No. 2009-00080; Introduced at Council meeting of April 28, 2009, Item No. 32). END OF CONSENT: 13. RESOLUTION NO. 2009-076 A RESOLUTION OF THE CITY COUNCIL OF THE C250 CITY OF ANAHEIM granting Variance No. 2008-04759 (Considered/approved at the Council public hearing of April 28, 2009, Item No. 36). Council Member Kring reported she had a conflict on this issue and excused herself from discussion of this item. Addressing Steve Sheldon's earlier comments requesting deletion of Condition No. 4.1, Public Works Director, Natalie Meeks explained Condition 4.1 provided for a specific solution to the drainage issue while Condition No. 4.2 provided a broader flexibility on how to address drainage. She stated the department did not object to deleting Condition No. 4.1 since the applicant was also required to submit a drainage plan to be approved by the Public Works Department. Mayor Pringle asked what the applicant's responsibility was in determining where the property line was and removing any portion of the wall extending beyond his property. David See, Planning Department, stated Condition No. 3 required the applicant to provide building plans to the City showing no encroachment of the pilaster onto neighboring properties or an agreement between the two neighbors on this issue. Staff indicated they would work with the applicant and neighboring property owners, as well as the City Attorney's office, to come up with appropriate measures to demonstrate identification of the property line. City Council Minutes of May 19, 2009 Page 7 of 10 Council Member Hernandez moved to approve RESOLUTION NO. 2009-076 of the City of Anaheim granting Variance No. 2008-04759 with the elimination of Condition No. 4.1, seconded by Council Member Galloway. Mr. Sheldon pointed out Condition No. 3 stated plans, not an engineering survey, must be submitted identifying the property line. Roll Call Vote: Ayes - 4: Mayor Pringle and Council Members: Galloway, Hernandez, and Sidhu. Abstention: Council Member Kring. Noes - 0. Motion Carried. Council Member Kring returned to the meeting at 6:26 P.M. 17. RESOLUTION NO. 2009-082 A RESOLUTION OF THE CITY COUNCIL OF D175 THE CITY OF ANAHEIM authorizing the Public Works Director or her designee to submit a grant application on behalf of the City of Anaheim to the County of Orange, for grant funding for the Regional Recycling and Waste Diversion Grant Programs and recognizing the County of Orange for its regional leadership in solid waste management, and if awarded, authorizing the acceptance of such grant on behalf of the City and amending the budget for fiscal year 2009-10 accordingly. Dan DeBassio, Public Works Department, reported this item was a grant application to the County of Orange to promote regional recycling and waste diversion. He stated there had been a surcharge placed on self-haulers who deliver their refuse directly to landfills rather than through a community diversion site and the County was asking cities to develop programs in their own communities which promoted recycling to preserve the longevity of the County-owned landfill system. Last year, a $40,000 grant was used to produce a bilingual recycling newsletter for distribution in Anaheim. The focus was on high density neighborhoods and promoted the bulky item service, which was already offered by the City to reduce the amount of debris ending up in right-of-ways and alleys. This year, he remarked, the application was to eliminate gutter litter in high density neighborhoods through similar education methods. Council Member Hernandez highlighted the fact that Anaheim was doing its part to protect the environment and moved to approve RESOLUTION NO. 2009-082 of the City of Anaheim authorizing the Public Works Director to submit a grant application on behalf of the City to the County of Orange for grant funding for Regional Recycling and Waste Diversion Grant Programs, seconded by Council Member Sidhu. Ayes - 5: Mayor Pringle and Council Members: Galloway, Hernandez, Kring and Sidhu. Noes - 0. Motion Carried. 22. ORDINANCE NO. 6144 (ADOPTION) AN ORDINANCE OF THE CITY OF C280 ANAHEIM amending various sections of Title 18 of the Anaheim Municipal Code (Zoning Code Amendment No. 2008-00076; "Automotive-Car Sales, Retail or Wholesale (Office Use Only)"; Introduced at Council meeting of April 28, 2009, Item No. 33). Mayor Pringle stated at one time Anaheim had an ordinance against on-street vehicles for sale. He added that due to a State court action, on-street vehicles for sale were no longer able to be restricted and the proliferation of those vehicles on Anaheim arterials had grown. This ordinance, he remarked, stated if an office was rented for the purpose of selling vehicles with no on-site vehicle parking lot, the business would be required to have a conditional use permit such as required by car dealers with car lots. He emphasized he would continue to oppose this amendment as he did not feel it would effectively address the problem. He pointed out the 180 existing car dealers would be grandfathered in under this ordinance and City Council Minutes of May 19, 2009 Page 8 of 10 would not be required to go through the permitting process. Council Member Kring was supportive of this amendment stating it would send a message to future dealers that the City would not tolerate on-street car sales and while it may not address the current problem, it would set a standard. Council Member Hernandez asked what the turnover rate was for the existing 180 dealers with Ms. Vander Dussen responding that those businesses appeared to turn over within 18 to 24 months. In discussing the DMV's responsibilities, Ms. Vander Dussen remarked State law did not allow the City to treat cars parked for sale differently from cars parked on the street that do not have for-sale signs on them. It did address the ability of people to sell cars without a license and staff regularly worked with the DMV to identify and tow away cars being sold illegally by licensed DMV dealers. She added staff would continue to work with the DMV on this issue, adding however that the DMV staff reported reductions occurring in the state budget and additional investigators would not be added and existing DMV investigators were limited in the amount of time spent on this issue. Council Member Galloway stated she felt there should be some mechanism in place to mitigate the impacts of on-street vehicles for sale and while this ordinance may not solve the issue, it would not add to the problem and moved to approve the ordinance, seconded by Council Member Kring. Mayor Pringle stated he would be more open to approving this ordinance if there were other options included to address impacts. He added, if the DMV enforced existing laws, the problem would be solved. Council Member Hernandez concurred in revising the ordinance, and addressing compliance issues with the DMV as to finding a solution. Mayor Pringle offered a substitute motion to continue this item to the first meeting in July and directing staff to provide additional options relating to this issue. Roll Call vote: Ayes - 4: Mayor Pringle and Council Members: Galloway, Hernandez and Sidhu. Noes - 1: Council Member Kring. Motion Carried. 23. ORDINANCE NO. 6145 (INTRODUCTION) AN ORDINANCE OF THE CITY OF Di14 ANAHEIM amending subsections .020 and .080 of the Anaheim Municipal Code relating to existing Permit Parking Districts. Natalie Meeks reported in 2007, the City adopted new regulations regarding residential permit parking and worked with a number of neighborhoods to implement permit parking or to find other solutions for spillover parking. In determining what worked and did not work in this process, staff found the need to establish re-voting requirements to allow residents to revote should the permitting process not work. In addition to that, existing permit parking areas under old regulations that had been grandfathered in were due to expire and staff wished to extend them for another year. Mayor Pringle remarked that two or three of those permit parking areas were near the Convention Center and were impacted by events occurring at that site. He recommended those areas be separated and treated differently as their spillover parking impacts were caused by the City's actions and should be considered differently when a discussion of the grandfathered neighborhoods was held. He then moved to amend Policy No. 5.7 to establish minimum periods for re-voting and rescission of permit parking, including the review of the permit policy in neighborhoods adjacent to the Convention Center, seconded by Council Member Kring. Roll Call Vote: Ayes - 5: Mayor Pringle and Council Members: Galloway, Hernandez, Kring and Sidhu. Noes - 0. Motion carried and the ordinance was introduced. City Council Minutes of May 19, 2009 Page 9 of 10 PUBLIC HEARINGS: 24. This is a public hearing to consider a resolution finding and determining the public CONT'D interest and necessity for acquiring and authorizing the condemnation of real property located at 1855-1925 South Manchester Avenue for the Gene Autry Way (West)/I-5 HOV Interchange Project. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM determining the public interest and necessity for acquisition of portions of property located at 1855-1925 South Manchester Avenue for the purposes of the Gene Autry Way (West)/{-5 HOV Interchange Project (R/VV ACQ2003-00165). This item continued to Council meeting of June 23, 2009. Council Communications: Mayor Pro Tem Hernandez commented on the DECA conference and thanked all who participated and for the positive feedback received. He reported on his attendance at a business civic leadership conference in Chicago, Illinois and the Southern California Association of Government's conference in La Quinta on behalf of the City. He also announced the City had been presented with the Terwilliger Award for its development of The Boulevard, located at Anaheim Boulevard and Santa Ana Street. Council Member Galloway commented on the Mayor's TechScholar Program and reported on her attendance at a Master Negotiation Program, held at Harvard University. She also recognized City employee, Christopher Schneider of the Police Department. Council Member Kring requested staff prepare a resolution to maintain the continued use of the equestrian center at the Orange County Fairgrounds in Costa Mesa. She recognized 17 Acacia Wood School students who competed at the National History Day State Competition, announced the opening of the Epicurean School of Culinary Arts on June 1, 2009 and the Free Foreclosure Prevention Workshop to be held on Saturday, June 13. She also recognized Nicolette Martin, EI Rancho Charter School student, who was selected as a finalist in the BuzzRadio.com big art contest, commented on the success of the Taste of Anaheim and reported on her attendance at the grand opening of the Cops for Kids Center and the St. John's Greek Festival. Council Member Sidhu commented on the Mayor's TechScholar program and recognized the Public Works Department during National Public Works Week, May 17-23, 2009. He announced the Health Fair to be held on June 7th and the Orange County Job Fair to be held on June 3'~. Mayor Pringle commented on Council Member Kring's request for a resolution related to the equestrian center at the Orange County Fairgrounds in Costa Mesa. He reported on Orange County Transportation Authority's efforts in highway improvements, specifically the SR91 eastbound lane from the 241 to the 71. He also commented on the Mayor's TechScholar program related to input received for a new City slogan. Lastly he requested Council support to place military banners at three separate locations within the City to recognize Anaheim residents who were currently serving in a war zone. City Council Minutes of May 19, 2009 Page 10 of 10 ADJOURNMENT: With no other business to conduct, Mayor Pringle adjourned the May 19, 2009 meeting at 8:07 P.M. Re ctf bmitted, Theresa Bass, Deputy City Clerk